Legal Opinion

Musick v. Barney

Supreme Court of Missouri

Decided March 15, 1872PublishedCited by 17 opinions

Appeal from, Lincoln Circuit Court. cited 2 Stark. Ev. 515; 5 Phil. Ev. 265; Ewing v. Burnet, 11 Pet. 41; Ellicott v. Pearl, 10 Pet. 442; Menkens v. Ovenhouse, 22 Mo. 70; Williams v. Donegan, 20 Mo. 186; Draper v. Shoot, 25 Mo. 197; City of St. Louis v. Gorman, 29 Mo. 593; De Grow v. Taylor, 37 Mo. 310; City of Carondelet v. Simon, id. 408; Schultz v. Lindell, 30 Mo. 310 ; Wall et al. v. Schindler, 47 Mo. 282.

1Opinion of the CourtBliss, Judge

Both parties claim through one Herrick: the plaintiff, by virtue of an execution sale and purchase by one Eiske, his father’s grahtor, and also by adverse enjoyment for over ten years ; and the defendant by a deed executed previous to the judgment and sale. Both sales were in 1837. The land is unimproved, at least until recently, by defendant, and there have been several conveyances in the chain through which each party traces his title, which need not be considered. The plaintiff does not seem to deny that defendant’s title would be the best, had the original deed from Herrick been properly…

2Cases cited9 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Bishop v. SchneiderSupreme Court of Missouri · 1870
  3. Stevens v. HamptonSupreme Court of Missouri · 1870
  4. Draper v. ShootSupreme Court of Missouri · 1857
  5. Maupin v. EmmonsSupreme Court of Missouri · 1871

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3Cited by17 opinions

  1. Key v. JenningsSupreme Court of Missouri · 1877
  2. Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1913
  3. Swayze v. BrideMissouri Court of Appeals · 1889
  4. Hatcher v. HallMissouri Court of Appeals · 1956
  5. Leeper v. BakerSupreme Court of Missouri · 1878

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